legal nurse consultants

Resolving a Malpractice Case

Posted on by Mark Moran

Malpractices happen.  Fortunately, they can be defended, overcame and resolved.  Whether found accountable or not, there are critical steps in any defense of a malpractice case.  A good law firm with legal nurse consultants can help defend the case and analyze evidence and even be an expert witnesses.  There are various steps within a malpractice case.  The response phase, the collection of evidence and case preparation phase, the case itself and the resolution of all parties.  It is critical to be precise and accountable to all phases if one is to successfully deal with a possible case.

Legal Nurses on from a legal team can play a key role in resolving a malpractice case.

 

The article, “Overcoming Medical Malpractice Claims: Strategies For Success” from the European Business Review takes a closer look at overcoming and defending against a malpractice claim.  The article discusses the nature and definition of malpractice before divulging into overcoming it.  The author stresses the importance of response time and finding a strong firm to help defend a case.  Within this, there is a collection and analyzation of evidence, sometimes by legal nurse consultants.  Building a strong defense is pivotal.  In addition to building a case, the article delves into how to negotiate a settlement as well as defending a claim in court.  Finally, the article points out how to resolve the case after a definitive verdict has been declared.  Overall, the article states,

“The resolution of a medical malpractice claim can be a complex and lengthy process. The key to success is understanding the fundamental elements of medical malpractice and taking proactive steps to protect against claims.  By being aware of the common causes, statute of limitations, and strategies for negotiation or defense, medical professionals can be prepared to successfully handle medical malpractice claims. It is also important to have an action plan in place for after the claim is resolved in order to prevent future issues from arising.  Taking the time to understand these concepts now will ‘pay dividends’ in the long run for those who may find themselves facing a medical malpractice claim.”

“Overcoming Medical Malpractice Claims: Strategies For Success”. The European Business Review. January 30th, 2023.

To review the entire article, please click here

Commentary

The importance of legal representation is key.  Malpractice attorneys aided with the expertise of legal nurse consultants can play a key role in resolving a malpractice claim.

Legal Nurse Consultants can aid in the defense of a malpractice claim. Please review AIHCP’s Legal Nurse Consulting Program

 

Healthcare providers possess a form of defense against malpractice claims through the use of principles that are rooted in tort law. Primarily, this defense relies on the concept of causation, which is based on the premise that a breach of care must have been in existence for an injury to have occurred. In order to be liable for damages, it must be established that the provider was negligent in their duties and that said negligence led directly to the injury or harm sustained by the patient.  In addition, The healthcare provider’s defense against malpractice claims can be conceptualized as an attempt to limit potential liabilities related to professional negligence. This involves a variety of strategies, such as the implementation of evidence-based practices, utilization of preventative measures, and provision of disclaimers and informed consent documents. In addition, education and training programs designed to reduce errors may be beneficial in creating an environment conducive to avoiding malpractice allegations.

The resolution of a malpractice case typically involves the adjudication of a legal dispute by way of a formal process in which relevant parties present evidence and arguments to support their respective positions. This is often done through a combination of negotiation, arbitration, and/or litigation methods. The resolution may ultimately involve an agreement between the parties as to how damages (if any) will be paid.

Role of Legal Nurses

Legal nurses and malpractice legal teams are essential components in facilitating a successful legal case. By leveraging their specialized knowledge in the field of healthcare, legal nurses provide consulting services to malpractice legal teams to help them understand the medical complexities of a case. Their ability to interpret medical documentation, assess patient records, identify areas of negligence, and track related court proceedings enable them to offer valuable insight into the merits of a case and their efficacy has been demonstrated through numerous studies in the field.

Legal nurses are a vital component of the malpractice litigation process, as they serve to provide an in-depth analysis of relevant medical documentation and provide expert testimony regarding the medical aspects of a case. The legal nurse consultant is tasked with evaluating the facts of the case, including any negligence or malpractice that may have occurred, and rendering an opinion as to whether certain actions taken by health care providers satisfy the applicable standard of care for the particular situation.

Beyond investigation, legal nurses also provide assistance in court.  Legal nurses in court represent an invaluable resource within the judicial system. These specialized professionals are able to provide a critical bridge between the medical and legal worlds, enabling them to interpret, explain, and contextualize clinical data for use in a courtroom setting. By leveraging their advanced understanding of medical terminology and concepts, legal nurses can assist attorneys representing clients in malpractice cases or other medical-legal issues.

Conclusion

In conclusion, defending against malpractice claims can be complex and costly. It is important for healthcare providers to have a comprehensive understanding of the legal landscape, their professional obligations, and their rights in order to protect themselves from potential claims. A successful defense requires experienced and knowledgeable legal counsel, who can assist clients with providing timely disclosure of material information and documentation. By understanding the legal process and having a plan in place to assess potential risks, health care providers can successfully defend against malpractice claims.

Legal Nurse Consultants play a key role in any defense.  They can aid in the investigative phase as well as the court phase.  They play a key role in aiding and advising the malpractice firm on particular cases.  AIHCP and the College of Legal Nurse Consulting offers a certification in Legal Nurse Consulting open to registered nurses.  The program is online and independent study and open to qualified professionals seeking a four year certification in legal nurse consulting.  If qualified and interested, then please review AIHCP’s Legal Nurse Consulting program and see if it meets your academic and professional goals.

Additional Resources

“Protecting yourself from malpractice claims”. American Nurse. February 11th, 2007.  Access here

“What is medical malpractice?”. Yvette Brazier. April 5th, 2017. MedicalNewsToday.  Access here

“Stay Vigilant About Malpractice Risks with Telemedicine”. Healthcare Risk Management. February 1st, 2022. Relias Media.  Access here

“Physicians’ Views on Defensive Medicine: A National Survey”. Tara F. Bishop, MD; Alex D. Federman, MD, MPH; Salomeh Keyhani, MD, MPH. Arch Intern Med. 2010;170(12):1081-1083. doi:10.1001/archinternmed.2010.155. Jama Newwork.  Access here

Types of Cases that Certified Legal Nurse Consultants Help On: Birth Injury Lawsuit Settles for $4 Million |

Posted on by Dominick Flarey
American Institute Health Care Professionals’ insight:

A scary case where poor delivery of a child led to the permanent damage for life.  These cases are so sad because we trust that doctors will make the right choice based on the evidence given to them.  Certified Legal nurse consultants can help victims in these cases.

#certifiedlegalnurseconsultant

See on farmingtonhills.legalexaminer.com

The Most Stupid Five legal nurse consultants Mistakes

Posted on by Dominick Flarey
legal nurse consultants
Legal nurse consultants – The mistakes we make.

The article, “The Most Stupid Five Medical Mistakes”, source; Faculty of Medicine

“1- Joan Morris (a pseudonym) is a 67-year-old woman admitted to a teaching hospital for cerebral angiography.”

American Institute Health Care Professionals’ insight:

Here are some scary cases of malpractice at a very high level of incompetence.  Legal nurse consultants may very well find themselves in these ty pes of cases.  Legal nurses can give critical insight into cases involving healthcare and medical procedure for attorneys.

#certifiedlegalnurseconsultant

See on forum.facmedicine.com

Legal Nurse Consultants – Don’t Delay with your Personal Injury!

Posted on by Dominick Flarey

Legal Nurse Consulting and Personal Injury

So many times, people are injured due to malpractice and they do not act in time.  The reality is, many doctors need to be brought to justice for poor care.  Legal nurse consultants can help attorneys prepare your case.

Below are some things to remember for any type of injuries, from accidents to malpractice.

Legal action could be something to think about if you were harmed by another person’s actions. This type of lawsuit happens daily.

 

Be honest and let your lawyer about any previous injuries you may have had before the accident. You do not want them to get sandbagged with it once the trial starts.

 

Look into how big the firm’s size prior to deciding on your lawyer. If you have a big lawsuit, then your representing firm needs to be large as well. If you only have a small case, this kind of exorbitant expense is not necessary.

 

Talk to an injury attorney about how you can or should settle your matter in advance of court. This can save you much stress and additional court costs.

 

If you aren’t getting the things you need, it may be time to find a new lawyer. Also, if you weren’t able to reach your lawyer, you might need to get yourself a substitute.

 

You should avoid moving your vehicle after an accident unless the police tell you it is ok to do so. The only time this does not apply is if the accident takes place where there is a busy street or highway.

 

Gather the contact information for any witnesses right after an accident. The court case may take quite a while and the lawyer needs accurate statements as soon as they begin to prepare for it. People forget details or move, so getting information quickly will help you with your case.

 

Keep records about expenses that occur due to your personal injury. This sort of list will include the time and expense of doctor appointments, damages to personal property, how much time you’ve stayed away from work and any other things that have cost you. If your case goes to trial, it won’t be used to determine your judgement.

 

Shopping for an attorney to help with a personal injury lawyer is much like shopping for a new car. New services are available all of the time, and the ones that used to be good may not be on the radar now.

 

After you’ve become injured, it is in your best interest to zip your lips.Answer their questions about your medical history too. If you don’t say much, the other side can’t use it against you.

 

Ask your lawyer to tell you about his past history.

 

Talk to various lawyers before making your decision.You need to be sure you work together well with your attorney. You also need to find a lawyer that the attorney has confidence in your case and can provide reasons why he feels this way.

 

You should know all about the personal injury legal process. Your lawyer can help you in on the details. This may involve paperwork, as well as meetings with an insurance adjuster to discuss claims.

 

Be honest with your doctor about your injuries and the impact they have on your daily life. Exaggerating your injuries could lead to unnecessary treatments or therapy and treatment can be harmful. You should be honest and assess the impact of your case.

 

If you must appeal the judgement in your personal injury lawsuit, realize that you can select a different lawyer for the appeal if you wish. A new attorney may be able to look at your case differently and help you need to get a different verdict.

 

Be deliberate and take time when finding a lawyer.You might get upset and have the urge to get the first attorney you run into, but it pays to do your research.

 

Establish communication when first meeting with your attorney. Your case can easily get buried under the many cases the lawyer is working on.This can especially happen if communication when the beginning. Get your expectation in writing too.

 

Let your doctor know that you have a lawsuit. Your doctor will know better what you with detailed reports on your injuries and help you assess how your personal injuries have impacted different aspects of your life.

 

You should be able to get a settlement for your personal injury case. However, this category is hard to determine, so it is important to take pictures of your injuries and to write down a personal account of what you went through after the accident. Give it to your attorney all such documentation so that they can present a good case.

 

Many different types of incidents are included in personal injury claim.Anything that causes bodily harm for any reason falls into this type of law.

 

Write down challenges or frustrations you have experienced.You can review this in court if it is necessary to jog your memory.

 

Taking legal action to receive a settlement is a good way to cover the medical expenses linked to your personal injuries. You are owed this money if you have been injured by someone else. Use what you’ve just learned to get the relief you have coming to you.

 

If you are interested in legal nurse consulting, then click here

 

AIHCP

Legal Nursing and Product Liability

Posted on by Dominick Flarey

The Legal Nurse: Understanding Product Liability

Legal nurse consultants are working today in cases involving legal nursing related product liability. Many people share a common misconception that the only proof that is required in product liability cases is prove regarding product defect and injury to the plaintiff. This is entirely not the case as the process is a little bit more complicated and specialized than that. In fact, product liability law suits are more expensive and complicated compared to other kinds of lawsuits. This article presents a good review of the issues surrounding product liability claims of negligence. Legal nurses will appreciate this quick review and incorporate the information into their practices.
For instance, in a typical product liability case, industry expert witnesses in the field that is in question have to be consulted for them to help prove that a particular product was indeed defective. They normally do this using a number of ways. It is important to note that there are many ways in which the experts can prove that a fault existed in a product liability law suit. The main ways of proving negligence include; through inaction or negligent acts; through strict liability; breach of warranty and fraud.

Inaction or negligent acts

If a lawsuit alleges that there is product liability negligence, then there are four main elements that have to be proven for the lawsuit to be successful. First and foremost, there must be proof of duty of care owed to the plaintiff by the defendant. For the case to be successful, the duty of care owed to the plaintiff has to have been breached thus resulting in injury to the plaintiff. Finally, a causal link has to exist between the resulting harm and the defendant’s actions which caused breach of duty.
In summary, it is important for the legal nurse  to understand the part of the case where inaction or acts of negligence applies to is basically anything that relates to the product in question before it reaches the market. It is however important to note that for product liability cases, it is very difficult to prove acts of negligence on the part of the defendant whether through a failure to act (omission) or a positive act. The basis or concern therefore of most product liability law suits is strict liability.

Strict Liability

As discussed above the only element that has to be proven in product liability lawsuits is strict liability i.e. if the product in question had defect/s that caused harm or injury to the plaintiff. For a product liability lawsuit to be successful in terms of proving strict liability, there needs to be no requirement for element of negligence. Also, there needs to be no proof of fault. This basically means that all a manufacturer has to have done is to make the product within the reach of consumers. By supplying the product/s in question to consumers, this has the direct effect of making available or bringing into question all the faults of all parties involved in manufacturing and distributing to the consumer. The manufacturer therefore bares the responsibilities related to the defect/s.
It therefore follows that manufactures should bare the greatest responsibility because they have the greatest control over their products. Manufactures have however argued against this strict liability clause on negligence in product liability law suits. For instance, manufacturers have argued that they should not be held accountable in cases where information came up after the product’s in question manufacture.

Deceit

Deceit is also an important factor among what must be proven for there to be negligence in product liability law suits. In the case of deceit, the manufacture or the seller has to have communicated truthful information to the consumer about products that are misleading or false for a case to be ruled in favor of the manufacturer/seller. If by any means a manufacturer communicates inaccurate information in order to make sure that a consumer doesn’t find harm in a certain product, then by all means, the responsibility will fall on the manufacturer. If on the other hand the consumer still goes ahead and ignores the warnings of the manufacturer and goes ahead to suffer injury as a result, then it is by no means the responsibility of the manufacturer.

Breach of Warranty

A product liability case also has to prove breach of warranty to stand trial and sentencing. If a product liability case is based on any form of breach of warranty, then the plaintiff has to prove beyond reasonable doubt that the defendant was responsible for causing the injury by asserting that the product/s in question was harmless or free of any defects yet the defendant failed to confirm/ensure that the products were indeed free of defects.
This kind of a claim is unique and different from claims such as strict liability or negligent acts because the claim is directly related to broking a contractual promise and not inaccurate information like in the case of deceit. It is important to note that in the case of breach of warranty, a promise has to be made either implicitly or explicitly as part of the contract. When a certain promise regarding a product is implied, it has to relate either to the failure to ensure that a certain product is capable of functioning, or that that product will be able to work or serve a specific purpose.
Conclusion
In summary, to be able to prove negligence in a product liability case, there has to be evidence that a manufacturer/supplier holds the responsibility of selling a safe or harmless product. Proving this is easy because all businesses that are tasked with the responsibility of manufacturing and distributing consumer goods have to make sure that they provide safe goods that have warnings in case the goods pose any danger. Also, for a product liability case to be successful, there has to be negligence prove i.e. the seller violating the responsibility to offer safe/harmless products up to the point the consumer gets the goods. This basically means that there has to be proof of a breach of warranty. Lastly a product liability case based on negligence has to prove that the harm or injury was directly caused by the product in question and not any other factors such as sickness. By proving the existence of all the above factors, a product liability law suit will stand a chance. Legal nurse consultants are providing excellent consultations in product liability cases as they relate to medical/health care products. For those registered nurses interesting in learning more about this practice specialty, click here: legal nurse consulting program.

Legal Nurse and HIPPA

Posted on by Dominick Flarey

Legal Nurse Consulting Corner

HIPPA Privacy Rules In Simple Terms

HIPPA stands for Health Insurance Portability and Accountability Act. This act, which was passed into United States law in the year 1996 under the mandate of President Bill Clinton, is intended to do several things at the same time. HIPPA is a very complex act that can seem inaccessible and difficult to understand to patients, entities and even some physicians. HIPPA privacy rules for health care are simply, when it comes down to it, a federal law used to protect patients from their information being used or released without their consent to other entities. This article discusses issues related to HIPPA as a review for practicing legal nurse consultants.

What Is Covered Under HIPPA

All your medical charts, your medical history, any conversation you might have with a medical professional, your billing information and any information on your insurance company’s computer systems are all protected by HIPPA from being shared to anyone unless it is necessary to do so.

When Is It Necessary?

When it comes to your care, if you are ever in an emergency, HIPPA allows for your medical history and information to be shared. Your information can be shared with your family or other caretakers, but you can stop this by putting a request in writing. Health professional are also allow it to be shared for billing, to protect the public’s health (if they think you might have an infectious or highly contagious disease, like the virus that causes SARS) or for the police to make reports on wounds. Doctors are not allowed by law to share any of this information with your employer and the information cannot be given to third parties that would use it for marketing or advertising.

Who Is Governed by HIPPA?

Not all health organizations that you are involved it will answer to HIPPA. Doctors, hospitals and insurance companies will, but if any other companies have your information like the place where you purchased life insurance, your employer, your school or even state agents, they do not have to abide by HIPPA.

What Are You Entitled To?

You can see your health records whenever you want, but you must submit a written request to get this done. You must say how you are going to use this information and who is going to see it. You may be charged for copies of your records.

What is a HIPPA form?

Health care providers need to inform patients how their information will be used and could possibly be shared. Health care providers must also ensure that the patient is always aware of his or her rights. This would usually be done in a HIPPA form. This is a document written in simple and straightforward language and it should ensure that the individual knows of his or her right to complain about any information being shared regarding medical records.

What Constitutes As A HIPPA Violation?

You might be accidentally violating HIPPA if you show your own medical records to a friend after having obtained them. Doctors and health insurance companies might be committing one if they are discussing your condition verbally or in a written form without your consent. A good indication of a HIPPA violation is if your medical records have been accessed too many times – this can happen due to curiosity and patients with very rare conditions are particularly vulnerable to this type of HIPPA violation.
Since its start, The Health Insurance Portability and Accountability Act (HIPPA) has been a rather controversial law. Although many patients like the protection it provides, it can be difficult for physicians to make the right judgment calls when they do not have all the information available to make a difficult decision. There can be a court summons of someone’s medical records, but this is a complicated and very long process that hinders how effectively doctors can do their job.
It has also affected some medical researches because they are no longer allowed to look at statistical data on medical charts to provide a historical sample of significance in their studies. This means that doing a historical study of a particular type of disorder or disease could be near impossible.
Additionally, HIPPA is very complicated and it can be quite difficult to follow. That is why many people in the health industry need to have extensive training when it comes to it. Many legal nurses are well versed in HIPPA and provide consultations to health care organizations regarding the many issues involved in the Act. They also provide staff education and training seminars related to HIPPA issues. To learn more about legal nurse consulting, access here.

Legal Nurse Consultants Testify in Malpractice Cases

Posted on by Dominick Flarey

Nurses are entering the court room today as expert witnesses in nursing malpractice cases. These nurses are known as legal nurse consultants and are active members of legal teams. They investigate what particular nursing standards of care apply in a case of alleged negligence. Once they identify deviations from the standards of care they are able to define what deviations from the standards occurred. Their health care and nursing backgrounds allow them to easily enter the legal world in malpractice litigation. Most legal nurse consultants practicing today have completed legal nurse consulting training programs and have achieved certification. When legal nurses provide expert testimony in a malpractice case, they are only permitted to give testimony related to deviations from nursing standards of care. They are not permitted to testify to deviations in standards of care of physician medical practice. Nurses do get sued. The legal nurse providing expert testimony in a nursing malpractice case can really influence the outcomes of a whether providing such testimony for the plaintiff or the defense.